Boulo v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. C. E. Moulton. The prisoner in this case was indicted for an assault on John Wolfe with intent to murder him.
Read the full summary
From the City Court of Mobile. Tried before the Hon. C. E. Moulton. The prisoner in this case was indicted for an assault on John Wolfe with intent to murder him. He pleaded in abatement to the indictment: 1st, that Henry Carver, one of the grand jurors by whom it was found, was incompetent to act as a grand juror, because he was over sixty years of age; and, 2d, that the grand jurors were not drawn and selected according to law, because they were not selected from the list of registered voters of the county, without distinction or discrimination on account of race or color, but persons of…
1Opinion of the CourtBrickell, J.
The common law, as recognized in this State, made it a fatal objection to an indictment, to be presented by a plea in abatement, that the grand jury finding it were not drawn, selected, summoned, and empanelled as required by law; or that any one or more of the grand jurors had not the prescribed qualifications, or were disqualified from serving as jurors. Collier v. State, 2 Stew. 388; State v. Williams, 3 Stew. 454; State v. Williams, 5 Port. 130; State v. Greenwood, Ib. 474; State v. Middleton, Ib. 484; State v. Ligon, 7 Port. 167; Nugent v. State, 19 Ala. 540; Morgan v. State, Ib. *19556. In…
2Cases cited6 opinions
- People v. JewettNew York Supreme Court · 1829
- State v. WilliamsSupreme Court of Alabama · 1831
- Nugent v. StateSupreme Court of Alabama · 1851
- State v. WilliamsSupreme Court of Alabama · 1837
- Collier v. StateSupreme Court of Alabama · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. WetzelWest Virginia Supreme Court · 1914
- Nordan v. StateSupreme Court of Alabama · 1904
- State v. GuthrieWashington Supreme Court · 1936
- Cross v. StateSupreme Court of Alabama · 1879
- Billingslea v. StateSupreme Court of Alabama · 1881
7 more not listed; retrieve them via the Exa API.